Every year the Salisbury Association Land Trust (SALT) is asked questions by landowners about how to conserve their property —whether it be a farm, forest, meadow, wildlife habitat, wetlands, mountain ridge or scenic vista. One way is to place their land under a conservation easement.
Currently SALT oversees 49 easements totaling 2,663 acres in Salisbury.
What is a conservation easement?
A conservation easement is a legal agreement between a landowner and a land trust to permanently restrict use of the land in order to protect its conservation values. The landowner continues to own and manage the land in accordance with the agreed upon terms. The owner continues to pay property taxes. He or she may sell or pass on the conserved land, which retains the conservation easement forever. The land trust assumes long-term responsibility for monitoring the property annually and ensures that the conservation easement terms are observed.
Why conserve?
Landowners may choose to conserve their land for a wide variety of reasons, including to protect their land from development, to enhance wildlife habitat, to continue farming for generations, and to benefit the environment and our community. Once owners decide to protect some or all of their land with an easement, they work with the land trust to decide on the restrictions that are best for the land and the landowner.
How does an easement work?
There are a several steps in the process after it is determined that there are conservation values worth protecting. These include having a survey to delineate the easement boundaries, deciding what rights the owner wishes to retain, tailoring the easement to meet those specific needs, documenting the conservation values and the current condition of the land, and obtaining an appraisal to determine the value of the relinquished development rights. This value may allow the landowner to claim an income tax deduction and estate tax benefits if the easement is donated or sold below market value. Once the easement is finalized, it creates a partnership with the land trust to ensure that all restrictions are followed to protect the land. The owner may continue to use the land as long as the terms of the easement are met. A private conservation easement does not allow public access to the land. The land trust will visit the property roughly once per year to make sure the terms of the easement are met.
Is an easement permanent?
Though the story behind every piece of land is different, landowners who choose a conservation easement have one thing in common: They love their land and want it to stay protected forever. It allows landowners to sell their land or pass it on to their heirs, without worrying about future development. It creates a legacy that will last forever.
Peter and Patty Findlay’s farm on Prospect Mountain has seven easements totaling 187 acres. Photo by Joseph Meehan
This easement is on 149 acres of land owned by Salisbury School at Housatonic River Road and Wildcat Hollow Road. Photo by Joseph Meehan
